Category: Women’s Rights

SNOHOMISH COUNTY- Wash. A 20-year-old Washington state man was sentenced to less than three years in prison for raping a high school student as she died from a drug overdose in his bedroom.

Brian Varela admitted he gave 18-year-old Alyssa Noceda drugs last February, then raped her while she overdosed. He never tried to help her, but instead sent photos of her mostly nude body to his friends, mocking her as she lay there dying.

Varela told detectives that Noceda came to a party on Feb. 3 northeast of the Seattle suburb of Lynnwood. In Varela’s room, he said Noceda snorted Percocet and also ingested liquid marijuana, court documents said. Tests later showed she had taken a fatal mix of fentanyl and alprazolam, a generic name for Xanax.

She collapsed within a minute of mixing the two, Varela told detectives. Authorities said Varela never sought help for Noceda and instead sent semi-nude photos of her to friends and texting “LOL, I think she od’d, still breathing.”

Varela played an online game until he fell asleep, waking up in the morning to find Noceda’s lips blue, court documents said.

He went to work at Dairy Queen and his co-worker contacted police in the following days after Varela said he didn’t know if Noceda was still alive when he was having sex with her. Court records say he told a friend that “she died having sex with me.”

Police arrested Varela later that day after executing a search warrant and finding Noceda’s body in a plastic crate at the suspect’s home.

Varela told investigators he planned to bury Noceda with onions to minimize the odor. He also told detectives that after Noceda died, he used her thumb to unlock her phone Feb. 4 and send messages to make it appear she had run away.

Varela had pleaded guilty to second-degree manslaughter, third-degree rape, and unlawful disposal of remains as part of a plea deal.

Superior Court Judge Linda Krese said Thursday she could not sentence Brian Varela to more than 2 years and 10 months because it was the most prison time permitted for someone with no prior criminal record, The Daily Herald reported.

Krese said she was “surprised, even outraged,” by the inadequacy of the sentence and suggested that state lawmakers may not have realized the impact of their decision when they set prison sentences for the charges.

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SHAKER HEIGHTS, Ohio — Former Cuyahoga Common Pleas Judge and former state senator Lance Mason, who spent nine months in prison for beating his then-wife in front of their children, is now accused of stabbing his former wife, Aisha Fraser, 45, to death.

Mason was arrested on suspicion of murder in connection with the death of Aisha Fraser Mason, at her home on Chagrin Boulevard near Normandy Road, the sources said.

The house where the stabbing happened is near where police reported that a Shaker Heights police officer was hit by a car fleeing a domestic violence incident. The officer, was taken to the hospital and his condition was unknown. Mason has been charged with felonious assault for injuring that officer.

Agents with the Ohio Bureau of Criminal Investigation are at the scene assisting Shaker Heights police.

Shaker Heights police did not respond to multiple messages until more than seven hours after the slaying, when the department issued a release stating only that Fraser Mason had been killed and that Lance Mason had been arrested.

The refusal by the department to release details of the case manner continues the pattern of four years ago, when the suburb failed for more than 36 hours to provide its resident with an account of Mason’s attack on his wife.

During that attack, Mason was accused of biting his wife, punching her in the face several times, and choking her while driving in Shaker Heights with their children, ages 6 and 4, in the backseat. Mason then threw his wife out of the car, and continued beating her, eventually leaving her on the side of the road. Fraser then had to flag down help, and 911 call, while she begged police had to locate the her children.

A family member also called police citing concerns that Mason might attempt suicide. Officers searching his home at the time found smoke grenades, semi-automatic rifles, a sword, a bulletproof vest and more than 2,500 rounds of ammunition from the home.

Prosecutors charged Mason with assault, a second-degree felony which carries between two years and eight years in prison. Charging documents show Judge Mason choked, punched and bit his wife, whose orbital bone was fractured during the alleged attack. Mason served 9 months total for the assault.

After Mason’s release from prison, he was hired by Cleveland Mayor Frank Jackson as a minority business development director. The city said in a statement later in the day Saturday that Jackson fired Mason from his $45,000-per-year job because of his arrest. Jackson told FOX 8 he stands by the hiring, saying he had no way to predict the future. Jackson said people deserve second changes.

“I extend my deepest condolences to the family of Ms. Aisha Fraser, especially to her children,” Jackson said in a statement.

Lizette Jordan, who identified herself as a longtime friend of the Masons, spoke well of both Mason and Fraser Mason. She said she wasn’t aware of any issues between the two after the 2014 domestic violence incident.

“The only issues they ever had is when they argued about the girls,” Jordan said, referring to their two children. “He really loved those girls though.”

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Protests have taken place in Ireland after the underwear a teenager was wearing was cited in the trial of a man accused of raping her.

In the course of the trial, defense lawyer Elizabeth O’Connell held up a pair of the 17-year-old’s underwear in court, and asked: “You have to look at the way she was dressed. She was wearing a thong with a lace front.”

A 27-year-old man was found not guilty of raping the teenager earlier this month.

O’Connell’s comments, as reported by the Irish Examiner and others, provoked immediate criticism, with Dublin Rape Crisis Center calling for legal reforms over the remarks — but Rape Crisis said it was not questioning the verdict of the case.

“These kind of mythologies and stereotypes around rape come up again and again in court cases, because the defense to rape is that the sex was consensual,” Rape Crisis chief executive Noeline Blackwell told the Irish Independent newspaper. “So anything the defendant can do to suggest there was consent will be used.”

On Wednesday, women gathered at demonstrations across Ireland to protest the handling of the court case.

Their anger built on an online movement around #ThisIsNotConsent after the trial, kickstarted by the campaign group I Believe Her.

“Simply put, clothing is not consent. This kind of victim blaming is archaic and had no place in our court system,” Susan Dillon, who was among a group of women who started the hashtag, told BuzzFeed News via Twitter DM, from Ireland.

“We wanted something impactful that would draw attention to the issue hence the use of underwear.”

Dillon, 40, continued she was surprised at the wide response. “We knew people would be supportive and would want to support survivors of sexual violence but we have been overwhelmed by the response.”

In the days following the trial, hundreds of women tweeted images of their underwear, asking how attitudes around consent remained archaic and deeply problematic. Many of the women who tweeted about the case said that using the teenager’s underwear in court was “victim blaming.”

“We were trying to come up with ideas to express our anger,” the 39-year-old said, explaining she created the image after a discussion over the case in her painting class. Afterwards she made it public on her Facebook, and “it took off from there really along with the other women’s pictures!”

She added: “I’m a stay at home mum so I knew there wouldn’t be much chance to get to march in the protest…so I painted a pic instead!”

The message came through to the Dáil (the Irish House of Representatives) when politician Ruth Coppinger held up a pair of underwear in the chamber.

“It might seem embarrassing to show a pair of thongs here,” Coppinger said. “How do you think a rape victim or a woman feels at the incongruous setting of her underwear being shown in a court?”

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COLUMBUS, OH – The GOP-controlled Ohio House of Representatives is poised to approve a controversial proposal to ban abortions after a fetal heartbeat is detected on Thursday – even though Gov. John Kasich has vetoed it before.

The so-called “heartbeat bill” would penalize doctors who perform abortions after a fetal heartbeat is detected, sometimes as early as six weeks gestation. Anyone who performed an abortion after that point could face a fifth-degree felony punishable by up to a year in prison.

There are some exceptions: an abortion would be permitted if it would keep the pregnant woman from dying or suffering a “substantial and irreversible impairment of a major bodily function.” Doctors could also perform an abortion if a medical emergency prevents a fetal heartbeat from being detected.

If approved by the House, the bill would need approval from the Senate before heading to Kasich.

When Kasich vetoed the bill in December 2016, he argued that the heartbeat bill was “clearly contrary to the Supreme Court of the United States’ current rulings on abortion.” He instead signed into law a ban on abortions after 20 weeks gestation.

“This bill would effectively outlaw abortion and criminalize physicians,” Copeland said. “Banning women from getting a medical procedure is dangerous, out of touch with Ohio values, and is completely unacceptable.”

What the eff is wrong with Serena's suit? It's a plain black shirt and pants. Are you mad she's not showing enough skin? Are you mad she's black? Just come out and say you're racist and stop making excuses.https://t.co/GBGJEKHY2m

With William working extra hours to try to get promoted to another department, The Wine Cellar will be doing these fast action drive by episodes in an attempt to keep the content flowing to you.
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ST. LOUIS – The St. Louis Circuit Attorney said she’s reopening the criminal investigation into a St. Louis Police officer accused of rape.

It’s fallout from an ongoing 5 On Your Side I-Team investigation into how some police use their jobs to pressure women for sex.

For Michelle Roesch, the year 2008 wasn’t easy.

“I had just gotten out of a domestic violence relationship,” said Roesch. “My ex had broken into my house.”

So she got help from two St. Louis Metro police officers who were also brothers. Roesch said they called her ex, and got him to back off.

“I thought they were protecting me,” said Roesch.

But later that evening, things took a turn for the worse.

Roesch was living in a top floor apartment in south St. Louis. Below her lived the cousin of those two cops. And that night, that cousin decided to have a party.

While sitting next to one of the brothers, who was in his uniform, Roesch said he started doing something strange.

“He started checking me for needle marks. He took his hands and skimmed id down my arms, legs and feet, tried to get me to take off my shirt. I was like, ‘I’m not a drug addict,'” said Roesch.

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Then she says the 6-foot-plus cop pulled her into a bathroom.

“He started with forcing himself on me,” said Roesch. “He was pulling out my hair, punching me in the face.”

Roesch said then the police officer raped her.

She also said she felt like she had no way out.

“He had the gun right there the whole time,” said Roesch.

She eventually arrived at a hospital with a swollen upper lip, bruising around her nose and the back of her neck, and with pain in her genital area.

One problem: Roesch had just started her period, so a rape kit wasn’t possible.

But even without that, her medical records show she was diagnosed as a victim of sexual assault, with a recommendation that Roesch report it. She did, according to an incident report.

“I was fearful, fearful of retaliation with police,” said Roesch.

So she filed a restraining order against the officer, stating that he had raped her and hit her. The cop signed and agreed to it.

Then she said she reported the incident to police internal affairs.

But Roesch said the circuit attorney’s office eventually gave her bad news.

“They looked at me and said ‘He’s not going to be charged.’ I said ‘Did I say something wrong, did I do something wrong? What’s going to happen when he does it again?'” said Roesch.

Roesch said she just folded into herself and stayed that way for years.

Until:

“Everybody kept telling me about #MeToo,” said Roesch.

Inspired, she said she made a decision. She began protesting outside St. Louis police headquarters with a picket sign and a bullhorn, calling out her alleged rapist.

“I did use his name, but I also had checked with law enforcement. It was my First-Amendment right,” said Roesch.

But shortly after the protests began, Roesch was hit with a restraining order. It was a type of protective order that can be easily gotten without a hearing.

In this case, it had been filed by the officer she accused of raping her. It said Roesch could no longer mention him on social media or during her protests.

She was stunned.

“I had never had one before this,” said Roesch.

But it opened the floodgates.

Soon the officer’s brother and his wife filed for and got the same sort of order.

Then, people from St. Louis and Indiana also received orders of protection against Roesch. They’re people Roesch says she’s never even meet.

At one point, Roesch had twelve restraining orders against her.

And soon, someone claimed that she violated one of the orders. Police arrested her and charged her with a felony.

“My reaction was just horror,” said Chelsea Merta, Roesch’s attorney.

Merta took a close look at the orders filed against Roesch. Her conclusion: “They’re frivolous. They filed these orders to silence her to keep her from sharing her story.”

So Merta took Roesch’s case and started getting hearings before actual judges.

Earlier this month, in St. Louis County court, Merta and Roesch were ready to face off with her accused rapist, his brother and his wife, who had all filed orders of protection against her.

“We’re doing all three at one time. So everyone’s testimony will be all at once,” said Merta of the hearing.

But in the end, none of them showed up for court and the judge revoked their orders against Roesch.

Outside the courtroom, Roesch was tearfully grateful.

“I am speaking out on behalf of all of the rape victims,” said Roesch.

But she was also defiant.

“I also want to add you’re not above the law and you can’t and will not silence me anymore.”

Since then, Merta has gotten nearly all of the other protective orders against Roesch thrown out in court. But Roesch still faces felony charges for supposedly violating some of those restraining orders.

In the meantime, the lawyer for the accused officer tells us her client was previously cleared of any allegations and had even passed a lie detector test.

■ And she believes he FOOLED ­parole chiefs into thinking he was a changed man by taking sewing and embroidery classes in jails.

Abbey said: “My father is a ­psychopath and he will always be a danger to women.

“He’s pulled the wool over the eyes of the Parole Board but he’s not changed a bit.”

Abbey was just 15 when she ­discovered her father had raped and sexually abused vulnerable women, including heroin addicts and a disabled girl, after offering them help while they were in custody at a police station in the centre of Newcastle upon Tyne.

He was given two life sentences at Newcastle crown court in 2011 after being found guilty of two rapes, three indecent assaults and misconduct.

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Spain’s government has introduced a new law regarding consent with the goal of removing ambiguity in rape cases.

Under the law, consent would have to be explicit. It states that “yes means yes” and anything else, including silence, means no. Sex without explicit consent would therefore be considered rape.

The move follows outrage over the verdict in the la manada (wolf pack) case. Five men involved were accused of gang-raping an 18-year-old woman in Pamplona during the bull-running festival.

Two of the men filmed the assault, during which the woman is silent, doesn’t move, and has her eyes closed. The judges interpreted her as consent – one judge even commented that she appeared to be enjoying herself – and the charges were dropped from rape to the lesser crime of sexual assault.

Under Spanish law, rape must involve violence and intimidation. The la manada ruling provoked outrage and led to demonstrations across the country. The five men are out on bail pending an appeal against their nine-year sentence. Among them are a soldier and a member of the civil guard, both of whom have been returned to duty.

In her summing up for the prosecution, Elena Sarasate said: “The defendants want us to believe that on that night they met an 18-year-old girl, who after 20 minutes of conversation with people she didn’t know agreed to group sex involving every type of penetration, sometimes simultaneously, without using a condom.”

Patricia Faraldo Cabana, a law professor at the university of A Coruña, who helped draft the law, said the proposal understood consent not just as something verbal but also tacit, as expressed in body language.

“It can still be rape even if the victim doesn’t resist,” she said. “If she is naked, actively taking part and enjoying herself, there is obviously consent. If she’s crying, inert like an inflatable doll and clearly not enjoying herself, then there isn’t.”

In a letter to a Spanish TV station, the la manada victim wrote: “Don’t keep quiet about it because if you do you’re letting them win. No one should have to go through this. No one should have to regret having a drink, talking to people at a fiesta, walking home alone or wearing a miniskirt.”

The law mirrors similar legislation that came into force in Sweden at the beginning of July.

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